Maternity Leave _adopted Child - CiteHR
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Adv. Manoj Liyonzon
Advocate, Chennai
Manish Bali
Head - Ir/hr
Hr , Ir , Complainces
Korgaonkar K A
Loginmiraclelogistics & Management) Pg
India's 1st Strategic Strengths Coach, Corporate
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Dear All,
This post might be unexpected... I am not getting any answer for the question I am having.
as we know we have maternity law applicable for Married women. But if any female wants to be a single mother (married, batchler) in that case do we have any law,any facility for her? for adopted child?
Can this topic be guided here...if this is beyond our rules, then I am sorry for this post. But I really have this question in mind.
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There is no law or Act for Child Adoption benefits as of now, to the best of my knowledge.
A women pregnant / and deliver a child(alive or still born ) only, is eligible for maternity benefit under any labour laws in India. Varghese Mathew 09961266966
First, mater itmy act is for all female employees, not just married women. However it is for pregnancy and childbirth. There is no provisions for adoption in the act.
Dear member,

1. The terms "maternity" and "adoption" of child are different subjects and accordingly are covered by different enactments. The term "maternity" means illness of a female employee before or after child-birth and accordingly maternity benefit is provided to such female on the basis of medical certificates or as recommended by the authorised medical officer. In labour laws, the child adopted can be a dependant to the insured woman. Please see section 2(11) of ESI Act, 1948. But such insured woman who adopts any child is not entitled for any maternity benefit because there is no such situation of sickness/illness arising out of maternity in case of adoption.

2. The term "adoption" is a civil matter or depends on personal law of different communities based on their traditions and customs. In some cases, the adoption law is written and codified viz.- The Hindu Adoption & Maintenance Act, 1956. In Central Government service rules, female employee can avail child care leave in respect of such adopted child upto some limit. But, I think, in private service, there is hardly any facility for the female employees.
You are asking for leave for maternity or leave for chile care...?
Maternity leave for Married woman or single woman as a humanity you must consider...if she is strong enough to give birth in spite of single never stops you to help her out....from where this question arise....that she is single...maternity benefit law will not applicable to her....?
Adoption of child is a different that case....she will not give birth...than how maternity leave will applicable to is very clear.
In my opinion...if she wants give birth in spite of single must care for her emotions...and give maternity benefits ....
As others have mentioned, the law doesn't provide for Maternity leave in case of adoption.
However, should you want to enhance the organization's image as humane, then discuss the same with the reporting manager, HOD, and HR Head and after obtaining necessary approvals, you may allocate a few days - say 10-12 days as paid leave to the lady employee. I am sure you will agree that bring a child home, whether adopted or otherwise will require some time to help both the mother and child to adjust.
I had faced this situation in one of my previous organizations, and we had done the above, by taking special approvals and documenting the same.
All the best.
As the Act itself is meant for "maternity" and if there is no maternity there is no question of leave arises. But I know some establishment grants male partner of a pregnant female granted "paternity leave" (parentity leave ?). Similarly a female (even a couple) employee who adopted an infant can be granted (parent) leave atleast. Law should be amended to this extent. Incidentally, One may have natural question what if a female becomes "male" under some law as a third gender and recognised as a "male" legally and what if (she/he) becomes pregnant and how about maternity leave, does this legal male would be entitled to maternity leave?. I have no answer.
Hope this will help Regards Deepali

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